In May, three Air Force Academy cadets who refused the COVID-19 vaccine and were denied religious exemptions last spring were allowed to graduate with their bachelor’s degrees, but could not commission into the Air Force and were required to watch graduation from the bleachers instead of with the rest of the Class of 2022.

Now, two months later, they may have reason to celebrate. 

A preliminary injunction order was granted Wednesday by Judge Matthew W. McFarland in U.S. District Court in Cincinnati that expanded the affected group in an injunction he granted in March to 18 airmen in the Air Force and reserves who sought religious exemption from taking the vaccine. The March order prevented the Air Force from taking, furthering or continuing any disciplinary or separation measures against the 18 complainants for their refusal to receive the COVID-19 vaccine while the lawsuit is being litigated.

Air Force Academy spokesman Dean Miller confirmed in a statement that McFarland’s expanded order applies to the three cadets who sat out the commencement ceremony. 

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“Based on the submittal date of religious accommodation requests from three cadets from the Class of 2022, the injunction does apply to them. The Department of the Air Force will comply with the court order, ” Miller said, without giving further specifics.

Wednesday’s order broadens the scope of the injunction to apply to all active duty, active reserve, reservists, National Guard, inductees and appointees of the Air Force and Space Force. That group includes Air Force Academy cadets, Air Force Reserve Officer Training Corps (AFROTC) cadets and others.  

The other criteria to be met by those affected must have: submitted a request for a religious exemption after Sept. 1, 2021; must have been confirmed by an Air Force chaplain to have sincerely held religious beliefs that were being burdened by being required to take the vaccine; and must have had their request and subsequent appeals denied. 

Wednesday’s order notes that as of June 6, the Air Force had received more than 9,000 requests for religious exemption since the mandate was issued Sept. 1, 2021. Between original requests and appeals, the Air Force has granted 109 exemptions.   

The order also specifically mentions commissioning of Air Force inductees and appointees. 

“Defendants shall not place or continue active reservists on no-points, no-pay status for their refusal to get vaccinated for COVID-19 due to their sincerely held religious beliefs; and Defendants shall not refuse to accept for commissioning or enlistment any inductee or appointee due to their refusal to get vaccinated for COVID-19 due to their sincerely held religious beliefs,” the order reads.

In Miller’s statement to The Gazette on Friday, he added that “the Secretary of the Air Force has not issued an Air Force decision on recoupment of education costs.”

Whether the three AFA cadets would be forced to repay their tuition for refusing to get the vaccine has been a source of contention since it was revealed that the cadets might not be allowed to graduate.

Miller’s comment gives religious-freedom advocate and former Colorado legislator and academy graduate Gordon Klingenschmitt pause. He asked, why would the Air Force be concerned about whether the cadets would be required to repay the government for their education if they were going to comply with the judge’s order?  

Klingenschmitt, who leads an evangelical ministry in Colorado Springs, said failure to comply with the judge’s orders would make Air Force officials hypocrites. 

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“It surprises me that three-star Gen. Richard Clark is dragging his feet about obeying. … Respecting religious freedom and conscience rights … is already federal law.”

The lawsuit that led to McFarland’s injunction has wide-reaching implications for the United States. Thomas Bruns, one of the lawyers representing the original 18 airmen, said the Air Force attempted to argue that the judge had no role in challenging what they believed to be a lawful order given to Air Force personnel.

He said the judge absolutely has the authority to challenge the Air Force if he believes constitutional rights have been violated. 

“What this victory means is that the Bill of Rights carries over and applies to our servicemen and women,” Bruns said. “You do not lose the protections of the Constitution simply because you take an oath to protect and defend the Constitution.” 

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